MEMBERSHIP TERMS & CONDITIONS
November 15th 2018
The following paragraphs outline the terms and conditions agreement (Terms) on which Blooming Founders (we, our, us) grants Membership to our workspaces (the Spaces) to the Member (you, your).
In these Terms, the following definitions apply:
Spaces means the shared work and event spaces which we manage or to which we are allowed to grant our members access to. More specifically, Our HQ refers to the space located at Unit C, 81 Curtain Road, EC2A 3AG and the Satellite Location refers to the lower ground floor at 4 Christopher Street, EC2A 2BS.
Member means a person granted Membership by us.
Membership means the membership level selected by you.
Services means the services included in your Membership as identified on the Website, as updated and amended by us from time to time.
Our Property means any furniture, equipment, documents or other property in the Spaces that is owned or managed by us.
Your Property means any equipment, documents, property or possessions that you bring into the Spaces.
Fees means amounts specified on the Website or communicated to you via email as applicable to your Membership level, as may be varied by us from time to time in accordance with clause 5.5.
Policies mean any of our codes of conduct, policies and procedures accessible on the website or otherwise made available to you, as added or amended by us from time to time.
Business Hours means the hours during which we provide on-site staff and our Services.
Website means our website located at www.bloomingfounders.com.
2. THE MEMBERSHIP
2.1 We reserve the right to reject any application or renewal of Membership without ascribing any reason for doing so.
2.2 We will grant your Membership and provide you with the Services from the agreed date (the Start Date) under the condition that you have made payment of the Fees in the manner identified in clause 5.3 below. Your Membership cannot start before you have paid the Fees.
2.4 Your Membership period is one month from the Start Date. Your Membership automatically renews from month to month, until you cancel. You may upgrade or downgrade your Membership to a higher or lower Membership level at any time. The upgrade or downgrade will take effect for the next Membership period.
2.5 Your Membership is personal to you. You may not assign your rights or obligations under these Terms or share the benefits of your Membership with anyone else without our consent.
2.7 Your Membership entitles you to access and use the Spaces. You will need to register your details at the reception prior to starting to our Spaces. Certain Members are allowed to obtain a set of fob and keys to access our HQ. A payment of £40 is required to obtain such set.
2.8 You agree to comply with your obligations under these Terms, and with any additional obligations contained in any of our Policies.
2.9 It is a condition of your Membership that you follow the reasonable directions of the Blooming Founders Community Manager and all directions from Blooming Founders staff in relation to building safety and security protocols.
3. THE SPACE
3.1 Your Membership entitles you to:
Access to and use of the Spaces
Access to and use of the shared internet connection
Access to and use of our online Member platform
3.2 General Business Hours in Our HQ are:
Mondays - Fridays between 8.30am and 8pm
Saturdays are closed
Sundays are closed
Business Hours exclude public holidays and may be amended at any time. Accessibility of the Satellite Locations is dependant on our space partners’ terms and conditions.
3.3 We will provide you with the following Services during Business Hours:
Receptionist and community services
Printing and copier services
Event management services
Furnishing and maintenance of the Spaces, provided that we will not be responsible for damage exceeding normal wear and tear.
Some of these services may require additional Fees in accordance with clause 5.2.
3.4 We may move furniture around the Spaces. We reserve the right to move or alter the Spaces which you are permitted to use under this agreement. We may modify or reduce the list of Services at any time. The Services may be provided by us, an affiliate of Blooming Founders or a third party.
3.5 The Spaces are shared workspaces and we ask that you consider other Members and use the Spaces and our online Member platform in a respectful way. Offensive language, threatening behaviour, abuse of our staff or other Members and damage to Our Property, or that of another Member, will not be tolerated. We reserve the right to remove offenders from the Spaces, and suspend or cancel their Membership with immediate effect.
3.6 The Spaces are collaborative spaces and you may find that you are working in close proximity to individuals or organisations that compete with your business. It is your responsibility to ensure that any obligations you may have regarding proximity and/or confidentiality with respect to such competing organisations and other Members generally are adhered to.
3.7 You acknowledge that, due to the shared nature of the Spaces, sensitive information may sometimes be overheard, and you agree to respect the right of privacy and confidentiality of other Members in such circumstances.
3.8 Where your Membership entitles you to access a Space, this is a licence to use the Space, and does not give you an exclusive right to any part of the Space. You are responsible for ensuring that the Space meets the needs of your business. We make no warranties or representations that the Spaces are suitable for the purpose you intend to use it for.
3.9 You acknowledge that there may be peak times when the capacity of a Space is full. We will do our best to accommodate everyone and we will notify you at least 24 hours in advance when there is a peak in occupancy anticipated.
3.10 We ensure that Our Property is maintained in a good condition and complies with any applicable legal or other regulatory requirements. It is your responsibility to ensure that Your Property is fit for purpose and is used in a safe manner.
3.11 You acknowledge that you will be liable for, and agree to indemnify us for any damage caused to a Space or Our Property, or for any claim brought against us, by malfunctioning or incorrectly used equipment brought into the Spaces by you, your employees or your guests. This includes, but is not limited to, damage caused by non-compliant electrical equipment or electrical equipment not fit for use in the United Kingdom.
3.12 You are responsible for making good or indemnifying us (at our option) for any damage caused to the Spaces or Our Property by you, your employees or your guests (excluding fair wear and tear).
3.13 We take all reasonable measures to ensure the Spaces provide a safe and healthy working environment. You are responsible for your own safety (and that of your employees and guests) whilst in a Space. This includes using Our Property and Your Property safely, for the purpose it was intended for, and with a reasonable amount of care.
4. MAKING CHANGES OR CANCELLING
4.1 We may amend these Terms at any time by providing 2 weeks notice. If we choose to do so, we will inform you by sending you an email to the email address you have provided to us and/or by posting the new Terms on our website. By agreeing to the Terms you accept that you are responsible for checking your emails and our website for any changes to these Terms and are bound by them. If you are unhappy with any proposed changes contact any of our Community Manager and we will use reasonable endeavours to address your concerns.
4.2 You may change your personal and billing information and change or cancel your Membership via our Community Manager. If you wish to cancel, you must do this at least 30 days prior to the end of your Membership period. When you choose to cancel, your Membership will end at the last day of your Membership period. You are not entitled to any refund of Fees already paid, unless we have breached our obligations in these Terms in accordance with clause 9.3.
4.3 We may cancel your Membership with immediate effect if you:
breach your obligations in clause 3.5;
breach any of your other obligations in these Terms and, if such breach is capable of remedy, you do not remedy your breach within 7 days of being notified by us;
fail to pay the Fees, and such failure is not remedied within 14 days; or
fail to comply with our Policies, provided that we have given you written notice of such failure and our required remedy, and a reasonable time to rectify the failure.
4.4 Private Office contracts may have a longer notice period and will be agreed with the Member individually.
5. MEMBERSHIP FEES
5.1 The Fees are dependant on the Membership level that you choose.
5.2 Use of other resources such as meeting rooms, event space, printing and copier services may incur an additional Fee. Your Membership level may entitle you to a certain number of credits for meeting room use and copies/printouts which are free of charge.
5.3 Unless otherwise agreed between us, we only accept payment of the Fees by automatic direct debit from a UK bank account or using a credit card. The Fees will be debited or charged monthly and will continue to be debited or charged until your Membership ends in accordance with clause 4.
5.4 It is your responsibility to ensure that your payment details are kept up to date and that there are sufficient funds in your nominated account to enable the successful debit of the Fees. If the transaction is rejected for any reason you will be liable to pay a late administration fee of £10 for each subsequent day there is a delay until payment of any such outstanding fee is satisfied in full.
5.5 The Fees may be subject to review at our discretion. You will be notified via email at least 1 month prior to any increase in the Fees taking effect. We will not increase your Membership fee within the Membership Period already paid for.
5.6 Unless you are notified otherwise, the Fees and any other prices communicated to you are quoted exclusive of VAT.
6. MEETING ROOMS AND VENUE HIRE
6.1 Meeting rooms and event spaces are available for hire by Members and external people in accordance with the following meeting room booking policy, as may be amended from time to time:
You will have access to the meeting room or event space from the chosen check-in time. If you need time to set up the room, please book from when you require access to the room.
You can reserve a meeting room or event space at no cost. When a competitive booking request arises, you will be asked to pay the full booking value to secure the room.
Bookings can be cancelled without any charges up to 48 hours before check-in time.
If a booking is cancelled within the last 48 hours (not applicable over the weekend), a £30 last cancellation fee applies.
If you book a meeting room or event space and don't show up, you will be liable for 100% of the booking value.
6.2 The Space can be hired in part or in full by Members and external people. Please contact the Community Manager if you wish to do so.
6.3 Additional Fees and a minimum booking value may apply for weekend hire.
7. USE OF THE SPACES AND GUESTS
7.1 You agree to only use the Spaces for the number of days per year and/or during the times allocated to your Membership.
7.2 Excluding meeting room bookings and venue hire, you may bring up to two guests for a reasonable amount of hours in the Space. Excessive guest access may be charged at £4 per hour per guest (with the maximum being £25 per guest per day). Please contact the Community Manager if you require additional guest access. All guests must register when they arrive.
7.3 You must not use the internet access provided for excessive downloads or for any illegal purpose.
7.4 Continued abuse of the fair use requirements in this clause 7 may result in the suspension or termination of your Membership without reimbursement.
8. SECURITY & CONFIDENTIAL INFORMATION
8.1 Confidential Information includes information relating to either party’s business, employees, clients, products and business processes. Any Confidential Information you give us, or we give you, remains confidential. We will protect Confidential Information you disclose to us and you agree to take reasonable care to protect any Confidential Information we may disclose to you and not disclose it to any third party.
8.2 You are responsible for ensuring that your Confidential Information, and that of any of your employees, remains secure within the Space. We will not be liable for any unauthorised disclosure of your Confidential Information, unless such disclosure occurs as a result of a breach of our confidentiality obligations to you.
8.3 We make no representations about the security of our internet connection, and you must take reasonable security measures (i.e. encryption) as are necessary for your business or enterprise.
8.4. You agree not to take or copy Confidential Information belonging to us or other Members or their guests.
9. LIABILITY AND INSURANCE
9.1 We maintain a public liability insurance policy that covers the Club and we carry our own contents insurance. Our contents insurance does not extend to Your Property or the property of your guests. You should make your own insurance arrangements to ensure that Your Property and any other liabilities are covered, including public liability and any employer insurance requirements.
9.2 Our staff oversees Our HQ during Business Hours, however we do not accept responsibility for loss or damage to any of Your Property left unattended or unsecured in any of the Spaces.
9.3 You may store Your Property in one of the lockers provided (additional Fees may apply), however we do not accept responsibility for loss or damage to any of Your Property stored in any of the Spaces.
9.4 We will be entitled to dispose of any Your Property that is remaining at any Space and left unstored. We shall not be liable to you by reason of the disposal and you shall indemnify us in respect of any claim made by a third party.
9.5. You will maintain the facilities in their existing condition and notify us immediately should any damage occur. You will be responsible for any damage that you or your guests cause to any such facilities.
9.6 Our liability to you for breach of these Terms will be capped at an amount equal to the Fees that you have paid to us in the 12 months prior to the liability arising. We will not be liable for any indirect or consequential loss, including any loss of actual or anticipated business, income or loss of opportunity.
9.7 You will indemnify us for any loss incurred by us or any claim against us resulting from a breach of you by these Terms or any action of your employees or guests you bring into the Spaces.
9.8 Nothing in these Terms shall exclude or limit any rights or remedies you may have under the UK Consumer Law.
10. THINGS OUT OF OUR CONTROL
Sometimes events happen that are out of our control. These include things like strikes, lock outs, accidents, war, fire or the delay or failure in manufacture, production, or supply by third parties of equipment or services. Such events may prevent us from providing you with access to the Spaces in whole or in part, or may prevent you from performing your obligations under these Terms. In such cases both parties agree that the other party will not be liable for any delay or failure in performing their obligations. Either party may terminate the Membership if the delay or failure continues for a period of 30 days or more.
To the extent permitted by law, we may collect personal information about you in a variety of ways, including information that may be provided by you upon execution of this agreement or during your membership. You are not obligated to provide us with personal information and any information collected by us will be provided by you at your own will and with your explicit consent granted herein by execution of this agreement. We may collect, use, store and transfer the information in accordance with applicable laws, for various purposes including facilitating the Services, perform accounting and administrative tasks, internal review and audit, compliance with obligations under applicable laws and regulations and to enforce or manage legal claims. For the purposes stated above and to the extent permitted by law, we may transfer the personal information collected by us and make it available to our personnel, advisors, professionals, subcontractors, independent consultants, external third party services providers and our affiliates.
12.1 Members must be at least 18 years old.
12.2 You agree to not misrepresent yourself to other Members or misrepresent your views and/or opinions as those of Blooming Founders.
12.3 You will not attach or affix any items to the walls or make any other alterations to any Space premises, install antennas, or telecommunications lines or devices in any Space premises or bring additional furniture into any Space premises, in each case without our prior written consent.
12.4 You are responsible for the acts and conduct of your guests.
12.5 We do not control and are not responsible for the actions of other Members. If a dispute arises between Members or of Members’ guests, we shall have no responsibility or obligation to participate in, mediate any dispute or indemnify any party in respect of such dispute.
12.6 You will not bring pets or animals into any Space without our prior permission.
12.7 In event where the space will be closed for planned service interruptions, we will notify you in advance and endeavour to accommodate you in another space.
12.8 Each provision of these Terms shall be considered separable. To the extent that any provision of these Terms is prohibited, these Terms shall be considered amended to the smallest degree possible in order to make the agreement effective under applicable law. All provisions of these Terms reasonably expected to survive the termination of this agreement will do so.
12.9 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation.